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  • Franklin County v. Burdick, 4th Cir. (1998)

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    The United States Court of Appeals for the Fourth Circuit dismissed four consolidated appeals filed by George and Mary Burdick. The appeals challenged district court orders that denied the Burdicks' motions for reconsideration of four underlying orders remanding cases against the Burdicks back to state court for lack of subject matter jurisdiction. The Court of Appeals determined it was precluded from reviewing the remand orders by statute and consequently dismissed the appeals for lack of jurisdiction.

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    Filed: 1998-11-04 Precedential Status: Non-Precedential Docket: 98-2246

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    The United States Court of Appeals for the Fourth Circuit dismissed four consolidated appeals filed by George and Mary Burdick. The appeals challenged district court orders that denied the Burdicks' motions for reconsideration of four underlying orders remanding cases against the Burdicks back to state court for lack of subject matter jurisdiction. The Court of Appeals determined it was precluded from reviewing the remand orders by statute and consequently dismissed the appeals for lack of jurisdiction.

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    2 views4 pages

    Franklin County v. Burdick, 4th Cir. (1998)

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    The United States Court of Appeals for the Fourth Circuit dismissed four consolidated appeals filed by George and Mary Burdick. The appeals challenged district court orders that denied the Burdicks' motions for reconsideration of four underlying orders remanding cases against the Burdicks back to state court for lack of subject matter jurisdiction. The Court of Appeals determined it was precluded from reviewing the remand orders by statute and consequently dismissed the appeals for lack of jurisdiction.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-2246

    FRANKLIN
    Politic,

    COUNTY,

    North

    Carolina

    Body
    Plaintiff - Appellee,

    versus
    GEORGE E. BURDICK; MARY K. BURDICK,
    Defendants - Appellants.

    No. 98-2247

    FRANKLIN
    Politic,

    COUNTY,

    North

    Carolina

    Body
    Plaintiff - Appellee,

    versus
    GEORGE E. BURDICK; MARY K. BURDICK,
    Defendants - Appellants,
    and
    BEN N. WILLIAMSON, III, Trustee; FARM CREDIT
    BANK OF COLUMBIA, Lienholder,
    Defendants.

    No. 98-2248

    FRANKLIN
    Politic,

    COUNTY,

    North

    Carolina

    Body
    Plaintiff - Appellee,

    versus
    GEORGE E. BURDICK; MARY K. BURDICK,
    Defendants - Appellants,
    and
    JOHN TANTUM, Trustee: Nationscredit Financial
    Services Corporation of America, Lienholder,
    Defendant.

    No. 98-2249

    FRANKLIN
    Politic,

    COUNTY,

    North

    Carolina

    Body
    Plaintiff - Appellee,

    versus
    GEORGE E. BURDICK, MARY K. BURDICK,
    Defendants - Appellants,
    and

    BEN N. WILLIAMSON, III, Trustee: Farm Credit


    Bank of Columbia, Lienholder; JOHN TANTUM,
    Trustee: Nationscredit Financial Services
    Corporation of America, Lienholder,
    Defendants.

    Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-97-481-5-BR-3, CA-97-482-5-BR-3, CA-97-483-5-BR-3,
    CA-97-484-5-BR-3)

    Submitted:

    October 20, 1998

    Decided:

    November 4, 1998

    Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    George E. Burdick, Mary K. Burdick, Appellants Pro Se. Steven Hume
    McFarlane, Louisburg, North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    In these four consolidated appeals, George and Mary Burdick
    appeal district court orders denying their motions for reconsideration and motions to amend their motions for reconsideration of
    four underlying orders remanding the four cases against them back
    to state court. Because the district court in this case remanded
    the cases on grounds expressly provided for in 28 U.S.C. 1447(c)
    (1994), lack of subject matter jurisdiction, we are precluded from
    reviewing the remand orders, see 28 U.S.C. 1447(d) (1994), and
    consequently orders denying motions for reconsideration of remand
    orders. We note that 28 U.S.C. 1447(c) also authorizes the district court to require a party to pay just costs and actual
    expenses, including attorneys fees.
    In light of the foregoing, we dismiss these four appeals for
    lack of jurisdiction. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before the court, and oral argument would not aid the
    decisional process.

    DISMISSED

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